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(영문) 창원지방법원 2016.05.31 2015나10749
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1.The following facts are not disputed between the Parties:

The plaintiff is an employee working at the D branch of the Algerts Life Insurance Company, and the defendants are married.

B. Around March 2008, the Plaintiff introduced an insurance product with a share price of KRW 30,000,000,000 to the Defendants for five years, an insurance product with a share price of KRW 300,000 per month, which is paid for five years, and an insurance product that pays KRW 300,000 per month for 12 years, and entered into a contract with the Defendants for each of the above products.

The insurance products of KRW 30,000,000 for the above lump sum payment are "one insurance" and the above three insurance products are "the insurance of this case".

C. From April 2009 to 2012, the Plaintiff transferred the total of KRW 12 million to Defendant C or Defendant B account by up to April 3 million each year.

2. The parties' assertion

A. Plaintiff’s assertion 1) At the time of entering into the instant insurance contract, the Defendants borrowed KRW 1.5 million from Plaintiff on the ground that it is necessary to pay the monthly payment of the instant insurance. 2) The Defendants did not have money from 2009 to 2012.

The Plaintiff demanded KRW 3 million to the Plaintiff every year on the grounds that 10% of the income accrued from or 1 insurance should be paid monthly payment, etc. Accordingly, the Plaintiff wired KRW 12 million to the Defendants four times, and the Defendants agreed to pay the said money upon the maturity of one insurance.

3) Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the loan of KRW 13.5 million and delay damages therefor. (B) The Defendants’ assertion 1) that the Plaintiff asserted that the Plaintiff lent the Defendants to the Defendants was the Plaintiff, and the Plaintiff introduced the Defendants, thereby making the Plaintiff enter into the instant insurance contract. Therefore, the Plaintiff was the amount calculated as a reward for KRW 500,000 per case following the conclusion of the instant insurance contract and paid to E as an honorarium.

Therefore, the above KRW 1.5 million was reverted to E, and the Plaintiff loaned money to the Defendants.

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